1. Business and Terms of Services
Zero Commission Real Estate Today Pty Ltd (hereon referred to as ZC) is a web-based facilitator of real estate and home occupancy services throughout Australia and provides the opportunity for owners to list their property for sale or rent, or business for sale using third party websites.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained within this website are protected by applicable copyright and trademark law. ZC reserves the right to change these Terms and Conditions, this website and other policies at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review our Terms and Conditions from time to time to check for updates.You agree and consent to the Revised Terms and Conditions by continuing to access this website.
You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use this website. In many jurisdictions that age is 18 years of age. If you are under the minimum legal age to form a binding contract in the jurisdiction in which you reside, you may only use this website under the supervision of your parent or guardian who has agreed to be bound by this Agreement. You must not register or access this website if you are under 13 years of age.
2. Listing Your Property
The Customer grants ZC the right to list their nominated property for sale or rent or business for sale through delivery of the services described in this website (www.zerocommission.com.au) and selected by the Customer at point of sale, or at anytime thereafter.
For all listing types, the customer acknowledges the following:
- The Customer has given the right and authority to ZC to advertise their property on third party websites.
- The Customer is required to complete a non-exclusive service agreement available on this website and by doing so agrees to all terms and conditions herein.
- The completion and provision of ZC service agreement by the Customer warrants a signed service agreement between the parties to the agreement, being ZC and the Customer.
- ZC requires payment for all services prior to such services being provided.
- ZC does not act on behalf of the customer as a licenced real estate agent in relation to a sale or rental.
- The Customer or the customers property lawyer is responsible for the provision of a contract of sale or lease and all other necessary documentation pertinent to the property to be sold or rented and applicable to their relevant state of Australian laws.
- The Customer acknowledges that they will be responsible for showing all prospective buyers or tenants through the property to be sold or rented.
- All of the information provided, and representations made, to ZC by the Customer in respect of or in any way relating to the Property are true, correct and complete.
- All of the information that the Customer provides and representations that it makes, to any prospective or ultimate purchaser or tenant of the Property in respect of or in anyway relating to the Property are true, correct and complete.
- ZC is not liable to any prospective or ultimate purchaser or tenant of the Property for any information or representations made or any failure to provide any information or make any representation to any prospective or ultimate purchaser or tenant of the Property and the Customer indemnifies ZC in respect of any claim arising from such information, representation or failure to provide any information or make any representation.
- ZC is not liable for any damage to signage or injury sustained by a Customer or any other person on a Customer’s behalf arising from Customer electing to erect a for sale or rental signage located either on the Property or any other location where by the signage relates to the sale or rental of the subject property listing.
- Upon the customer's completion of all property listing information including images and provision of proof of ownership documentation, ZC staff will then verify all content. Should all content be provided appropriately the subject property listing will be processed to be published LIVE on all nominated sites within 24 hours.
- The Customer is the legal owner of the property and that a recent copy of the council rates notice, water rates notice or signed contract of sale for the listed property and a copy of the property owners photographic identification, is required to be provided to ZC to be sent via email to email@example.com prior to the subject property listing being processed for publication on zerocommission.com.au or any third party website.
In addition, for all residential and commercial RENTAL property listings, the customer acknowledges the following:
3. Process and Management of enquiry
All enquiries for a listing will be forwarded to the email address you have created within our website. You as the owner communicate directly with each enquirer to their nominated email and/or phone number.
4. Acceptable Use Policy
ZC may at any time, without liability to you, remove, alter or disable access to or publication of any or all of your listings in its sole discretion without prior notice to you. , Without limiting the previous sentence, ZC may remove from publication or disable access to any or all your listings if it considers that:
- those listings are in breach of any law or regulation;
- those listings infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those listings directly or indirectly involve the advertising or marketing of any products or services;
those listings are:
- misleading or deceptive;
- inappropriate having regard to the purpose of the Website;
- likely to cause offence;
- materially incorrect;
- otherwise unlawful; or
- corrupted, due to the presence of a virus or other disabling code.
- those listings do not meet ZC general T&Cs, ZC acceptable use policy, or the acceptable use policy of a third party website.
- no refund of fees either in full or part thereof, will be given for any listing that breaches this acceptable use policy.
- ZC considers a reasonable time period for active publication to enable an owner to effectively lease their property is 60 days from publication date;
- ZC considers a reasonable time period for active publication to enable an owner to effectively sell their property is 6 months from publication date;
- ZC considers a reasonable time period for active publication to enable an owner to sell their business is 6 months from publication date.
- If any property type remains active for longer than the reasonable time frame allocated, any such listing may be removed from all websites without notice, and no refund of fees either in full or part thereof, will be given.
Definition of Until Sold or Until Leased (applicable to listings published on third party websites on or prior to 9th July 2019):
5. Deactivation and Termination of Listing
This Agreement terminates either:
- by either party cancelling the PayPal payment subscription for a listing;
- by either party selecting the SOLD, LEASED or WITHDRAWN button on the listing from the zerocommission.com.au website;
- by either party giving the other party notice of termination of the Agreement sent by email;
- if for any reason the listing content does not meet acceptable use policy of our website or any third party website.
6. Third Party Websites
ZC subscribes to third party websites. Access to these sites is at the absolute discretion of ZC, and ZC does not guarantee the continuity of these sites. It is possible that any of these third party sites may decide to no longer allow the listing of our clients’ properties onto their portals, or ZC may terminate its subscription with any third party website for any reason whatsoever. If this were to occur, no refund of payments in full or part thereof, will be given.
Your failure to comply with any of the terms and conditions contained herein may result in your property being immediately removed as a customer of ZC including removal of your property from any and all third party websites, at our sole discretion and no refund of payments will be made.
8. Disclaimers and Exclusions
ZC nor any of its affiliates, employees, subsidiaries, Real Estate Licensee, holding company, Fixed Trust or Trustee shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or any consequential damages, losses or expenses arising in connection with this website or with or through any other marketing medium on or offline, including all social media platforms and/or all general media platforms, inter alia including the use of any information contained herein or otherwise communicated to you by ZC, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income. ZC makes no representations or guarantees that a person using this site will sell or lease their property. ZC nor any of its affiliates, employees, subsidiaries, Real Estate Licensee, holding company, Fixed Trust or Trustee does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website or with or through any other marketing medium on or offline, including all social media platforms and/or all general media platforms, inter alia including the use of any information contained herein or otherwise communicated to you by ZC, for any reason whatsoever. ZC advises that you seek professional advice before deciding whether to engage ZC to provide the Services. You acknowledge and agree that ZC makes no warranty of any kind to you, to the fullest extent permissible by law, in respect to any matter, including, without limitation to the following:
- In respect of the Services: their fitness for purpose, or suitability for you.
- The infringement of third party rights.
- Any third party associated with performing the Services, at the request of ZC or otherwise, and their ability to provide such Services; or
- The accuracy of any information contained in this website or otherwise.
9. Pricing and payment
- All prices listed on the Website are in Australian Dollars and are inclusive of all applicable taxes including GST.
- Credit card numbers are NOT stored in our database. We use a payment gateway provider (PayPal) who encrypt and store your credit card to perform weekly recurring invoicing.
- You the customer can cancel your $10 per week subscription at any time from within your PayPal account settings. If you have difficulties with cancelling your subscription, please contact us via email at firstname.lastname@example.org and we can assist you.
10. Refund Policy
To the extent permitted by law, and except where required under the Australian Consumer Law or other applicable consumer protection laws or regulations, we do not issue refunds for the purchase of any items on our site once your purchase is made. As a customer you are responsible for understanding this upon purchasing any items at our site.
Except where required under the Australian Consumer Law or other applicable consumer protection laws or regulations, refunds will not be processed for:
- Change of mind: we do not give a refund if you simply change your mind about an item;
- Ownership documentation: we do not give a refund if you refuse to provide proof of ownership documentation;
- Incomplete listing information: we do not give a refund if you fail to complete all of the information required for your listing;
- Listing Upload Times: we aim to complete services within reasonable time frames. We do not give a refund if you have sold or rented your property prior to it being published “live” on any and all third party websites;
- Unsuccessful in selling or renting your property: we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on not being successful with selling or renting your property or business.
Your failure to comply with our Terms & Conditions may result in your property being removed from any and all third party websites, at our sole discretion and no refund of payments will be made.
11. Intellectual Property
All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of ZC and must not be used without its express written consent. ZC reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the website is provided for personal use only and may not be,
- Re-sold and/or redistributed in any material form.
- Stored in any storage media;
- Re-transmitted in any media, without the prior written consent of ZC.
12. Website Security Policy
ZC does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law liability for any error, inaccuracy or omission contained on this website or any information provided by ZC.
ZC is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending corresponding to you via the details submitted to ZC by you.
Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of ZC, nor are they investigated, verified, monitored, or endorsed by ZC in any manner.
In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure, and accordingly, ZC does not warrant the security of any information you transmit.
13. General Terms
Your use of this site is governed by the laws of Tasmania and you agree to submit to the non exclusive jurisdiction of the Courts of Tasmania. Any failure by ZC to enforce a provision of these terms and conditions shall not constitute a waiver or affect the validity of these terms. In the event of any term or condition being held to be invalid, illegal, unlawful, or otherwise being incapable of being enforced, that term or part thereof shall be deemed to be severed and of no force and effect, and the remaining terms and conditions shall remain valid and enforceable.
14. Revisions and Errata
The materials appearing on ZC’s website could include technical, typographical, or photographic errors. ZC does not warrant that any of the materials on its website or any of its other marketing mediums on or offline, including all social media platforms and /or all general media platforms, are accurate, complete, or current. ZC may make changes to the materials contained on its website or any of its other marketing mediums on or offline, including all social media platforms and /or all general media platforms at any time without notice. ZC does not, however, make any commitment to update the materials.
ZC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ZC of the site. Use of any such linked website is at the user’s own risk.